Exemption in respect of single dwelling-house on land
10.—(1) Subject to paragraph (2), a person shall be exempted from liability to pay any development charge under section 35 of the Act for the following development of land authorised on or after 1st March 2001:
(a)
any addition of floor area for residential use to an existing dwelling-house erected on one or more lots of land where there is no other dwelling-house erected on such lot or lots of land; or
(b)
the erection of a single dwelling-house on one or more lots of land on which —
(i)
one or more dwelling-houses exist at the time of the application for planning permission or conservation permission for the development and such existing dwelling-house or dwelling-houses are to be demolished; or
(ii)
one or more dwelling-houses had existed at any time prior to the application referred to in sub-paragraph (i).
(2) The exemption in paragraph (1) shall not apply to any development of land involving the addition of floor area to an existing dwelling-house referred to in sub-paragraph (a) of that paragraph if the development of land is authorised within 3 years (referred to in this rule as the 3-year period) from the date of the grant of the temporary occupation permit or, where no temporary occupation permit was granted, the date of the grant of the certificate of statutory completion for the existing dwelling-house when it was erected unless —
(a)
in the case where the erection of the existing dwelling-house was authorised by the grant of planning permission or conservation permission —
(i)
the development, together with any previous development authorised within the 3-year period, does not result in the total floor area of the existing dwelling-house increasing in aggregate by more than 20 square metres over and above the total floor area of the existing dwelling-house as authorised in the grant of planning permission or conservation permission for the erection of the existing dwelling-house; or
(ii)
the planning permission or conservation permission granted for the erection of the existing dwelling-house was only for the existing dwelling-house and not for any other house or building; or
(b)
the operations involving the erection of the existing dwelling-house was authorised under the Planning (Development of Land — Lodgment Authorisation) Notification (N 3).