7.—(1) Where any land is used or permitted to be used under the Act or the repealed Act (Cap. 232, 1990 Ed.) for a residential purpose only and the written permission granted for the use of that land for that purpose is expressed in terms of approved density of “persons per hectare” or “persons per acre” only, the formula in rule 3(1)(c) shall apply as if all references to the floor area in that formula were substituted with references to the area obtained by multiplying firstly, the approved density with a factor of 0.0056, and then multiplying that product with the area of the land as specified in the plans which form the subject of the written permission.
(2) For the purposes of paragraph (1), approved density, if expressed in terms of “persons per acre” shall be converted to be in terms of “persons per hectare”.
(3) The following provisions shall apply for the purposes of determining the Development Baseline and the Development Ceiling in relation to any residential development comprising both landed dwelling-houses and non-landed residential buildings:
(a)
the formulae in rule 3(1)(c) and (2) shall apply in the first instance as if the floor area of the residential development that is permitted to be used —
(i)
for the landed dwelling-houses;
(ii)
for the non-landed residential buildings;
(iii)
for non-residential use, if any; and
(iv)
as the common property of the residential development,
are each separate and distinct developments, and then the respective values so derived shall be totalled;
(b)
the formulae in rule 4(1)(a) and (b) shall apply as if the floor area of the residential development that was previously authorised or is to be authorised, as the case may be, by a written permission —
(i)
for the landed dwelling-houses;
(ii)
for the non-landed residential buildings;
(iii)
for non-residential use, if any; and
(iv)
as the common property of the residential development,
are each separate and distinct developments, and then the respective values so derived shall be totalled;
(c)
where any part of the common property of the residential development is designed or constructed to be used exclusively or predominantly for the purpose of any of the landed dwelling-houses or non-landed residential buildings, the floor area of that part of the common property shall be reckoned as part of the floor area of the landed dwelling- houses or non-landed residential buildings, as the case may be; and
(d)
with regard to any part of the common property of the residential development not falling within sub-paragraph (c), the rate to be applied in the formulae prescribed in rule 3(1)(c) and (2) and rule 4(1)(a) and (b) shall be the average of the 2 rates for Use Groups B1 and B2 corresponding to the appropriate geographical sector of the land on which the residential development is situated.
(4) For the purposes of paragraph (3), the common property of a residential development shall mean all floor area, which is neither —
(a)
floor area permitted or previously authorised or to be authorised for non-residential use; nor
(b)
comprised within any landed dwelling-house or any unit in a non-landed residential building comprised in the residential development.
(5) Paragraphs (3) and (4) shall not apply to any proposed development of land where —
(a)
the competent authority or the Minister, as the case may be, has before 1st March 2000 granted provisional permission to develop the land;
(b)
the provisional permission is valid immediately prior to 1st March 2000 on account of not more than one extension granted before that date; and
(c)
no order has been made or issued determining the development charge payable in respect thereof.