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);

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

“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) with the competent authority;

[S 329/2004 wef 14/06/2004]

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

[S 83/2011 wef 23/02/2011]

“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 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 thereof, in relation to that building, is hereby authorised.

[S 83/2011 wef 23/02/2011]

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, 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 in relation to the relevant premises; [S 83/2011 wef 23/02/2011]

(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)

[Deleted by S 83/2011 wef 23/02/2011]

(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 $100:

(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), (i), (ia) or (j), as the case may be; [S 83/2011 wef 23/02/2011]

(iv)

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

(v)

[Deleted by S 83/2011 wef 23/02/2011]

(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.

[S 169/2011 wef 01/04/2011]

(2) [Deleted by S 83/2011 wef 23/02/2011]

4A. [Deleted by S 83/2011 wef 23/02/2011]

Authorisation to cease to apply

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

[S 83/2011 wef 23/02/2011]

(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), the Planning (Development of Land Authorisation) Notification (N 1) or the Planning (Housing and Development Board Commercial Premises and Living Quarters Authorisation) Notification 2011 (G.N. No. S 81/2011).

[S 83/2011 wef 23/02/2011]

Saving

6. Where any authorisation under paragraph 3 in force immediately before 10th July 2003 was in effect immediately before that date in respect of any premises specified in the first column of the deleted Third Schedule ¹for the use specified in the second column of that Schedule, such authorisation shall continue to apply in accordance with the provisions of this Notification in force immediately before that date as if the Planning (Changes in Use –– Lodgment Authorisation) (Amendment) Notification (S 288/2003) has not been made.

¹ The Third Schedule was deleted by S 288/2003 w.e.f 10.7.2003.

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

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