Exemption in respect of development of land zoned in 1958 Master Plan and 1982 Master Plan for specified purpose
12.—(1) A person shall be exempted from liability to pay any development charge under section 35 of the Act for any development of land up to the amount determined in accordance with paragraph (2) or (3), as the case may be, if —
(a)
the land was zoned in the 1958 Master Plan or the 1982 Master Plan or both for any of the purposes listed in Part I of the Fourth Schedule, and the development is authorised on or after 10th November 1998; or
(b)
the land was zoned in the 1958 Master Plan or the 1982 Master Plan or both for any of the purposes listed in Parts I and II of the Fourth Schedule, and the development is authorised on or after 20th February 1999.
(2) Where the land was zoned in both the 1958 Master Plan and the 1982 Master Plan for any of the purposes listed in Part I, or Parts I and II, of the Fourth Schedule as referred to in paragraph (1), the exemption shall be for up to the amount of development charge determined in accordance with the formula [(P × Q) - Z] or [(X × Y) - Z], whichever is the higher.
(3) Where the land was zoned in the 1958 Master Plan or the 1982 Master Plan, but not both, for any of the purposes listed in Part I, or Parts I and II, of the Fourth Schedule as referred to in paragraph (1), the exemption shall be for up to the amount of development charge determined in accordance with the formula [(P × Q) - Z] or [(X × Y) - Z], as the case may be.
(4) For the purposes of the formulae in paragraphs (2) and (3) —
“P” is the floor area obtained from multiplying the area of the land by the plot ratio specified in the Fourth Schedule for the purpose for which the land was zoned in the 1958 Master Plan;
“Q” is the rate specified in Part II of the First Schedule to the Planning (Development Charges) Rules (R 5) corresponding to the appropriate geographical sector of the land and the Use Group in Part I of that Schedule which relates to the purpose for which the land was zoned in the 1958 Master Plan;
“X” is the floor area obtained from multiplying the area of the land by the plot ratio specified in the Fourth Schedule for the purpose for which the land was zoned in the 1982 Master Plan;
“Y” is the rate specified in Part II of the First Schedule to the Planning (Development Charges) Rules (R 5) corresponding to the appropriate geographical sector of the land and the Use Group in Part I of that Schedule which relates to the purpose for which the land was zoned in the 1982 Master Plan; and
“Z” 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.
(5) This rule shall not apply if —
(a)
the existing use of the land is for a golf course;
(b)
in the case of paragraph (2), both zonings of the land referred to therein are not the current zoning or previous zoning of the land; or
(c)
in the case of paragraph (3), the relevant zoning of the land referred to therein is not the current zoning or previous zoning of the land.
(6) Where either of the zonings of the land referred to in paragraph (2) is not the current zoning or previous zoning of the land, the exemption shall be determined without any regard to the part of the formula in paragraph (2) which refers to that particular zoning.
(7) Where only part of the land falls within the provisions of this rule, the exemption shall apply only in respect of that part of the land.