Planning (Development Charge — Exemption in relation to Historical Base Value) Rules 2008

No. S 112

Planning Act

(Chapter 232)

Planning
(Development Charge — Exemption in Relation to Historical Base Value) Rules 2008

In exercise of the powers conferred by section 40(1) of the Planning Act, the Minister for National Development hereby makes the following Rules:

PART I

PRELIMINARY

Citation and commencement

1. These Rules may be cited as the Planning (Development Charge — Exemption in relation to Historical Base Value) Rules 2008 and shall be deemed to have come into operation on 1st January 2008.

Definitions

2. In these Rules, unless the context otherwise requires —

“authorised”, in relation to any development of land, means authorised by any written permission granted under the Act or the repealed Act;

“Bungalow Area” means land demarcated and specified in the Landed Housing Area Plans as a “BUNGALOWS” area, whether or not the houses within the area are comprised or are to be comprised in a strata title plan;

“conservation building” means a building within a conservation area which is —

(a)	conserved in accordance with a written permission granted under the Act or the repealed Act before 1st January 2008; or
(b)	which is required to be conserved in accordance with conservation guidelines prevailing as at 10th December 2003;

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

“Good Class Bungalow Area” means land demarcated and specified in the Landed Housing Area Plans as a “GCBA”, whether or not the houses within the area are comprised or are to be comprised in a strata title plan;

“Historical Base Value”, in relation to any land, has the meaning assigned in Part III;

“Historical Base Value as in 2003”, in relation to any land, has the meaning assigned in Part III;

“Landed Housing Area” means any of the following:

(a)	Bungalow Area;
(b)	Good Class Bungalow Area;
(c)	Mixed Landed Area;
(d)	Semi-Detached Area;

“Landed Housing Area Plans” means the development control plans published by the competent authority on 10th December 2003 pursuant to the written statement of the Master Plan —

(a)	demarcating areas intended for landed housing development; and
(b)	setting out the type or types of landed housing development intended within the demarcated areas;

“landed housing development” means a development for one or more of the following types of houses, whether or not the development is comprised or is to be comprised in a strata title plan:

(a)	bungalow, including good class bungalow;
(b)	semi-detached house;
(c)	terrace house;

“Mixed Landed Area” means land demarcated and specified in the Landed Housing Area Plans as a “MIXED LANDED” area, whether or not the houses within the area are comprised or are to be comprised in a strata title plan;

“prevailing DC Rules”, in relation to any land which is the subject of an application made on or after 1st January 2008 to the competent authority for written permission to develop, means the Planning (Development Charges) Rules (R 5) in force and applicable to the development of land to be authorised as if so authorised by written permission;

“Semi-Detached Area” means land demarcated and specified in the Landed Housing Area Plans as a “SEMI-DETACHED” area, whether or not the houses within the area are comprised or are to be comprised in a strata title plan;

“strata title plan” has the same meaning as in the Land Titles (Strata) Act (Cap. 158);

“the appropriate geographical sector”, in relation to any land, means the geographical sector shown in the plans in the Second Schedule of the 2003 DC Rules or the relevant schedule of the prevailing DC Rules, as the case may be, within which the land is located;

“the rate under the 2003 DC Rules” means the relevant development charge rate set out in Part II of the First Schedule to the 2003 DC Rules;

“the rate under the prevailing DC Rules” means the relevant development charge rate set out in the relevant schedule of the prevailing DC Rules;

“1958 Master Plan” means the Master Plan that was originally submitted to and approved by the Governor in Council on 5th August 1958 under the provisions of Part IV of the Singapore Improvement Ordinance (Cap. 259, 1955 Ed.);

“1982 Master Plan” means the 1958 Master Plan as amended under section 6(1) of the repealed Act prior to 24th April 1982;

“2003 DC Rules” means the Planning (Development Charges) Rules (R 5) as in force on 10th December 2003;

“2003 Master Plan” means the 1958 Master Plan amended under section 6(1) of the repealed Act and section 8(1) of the Act as in force on 10th December 2003;

“2003 Master Plan Value as in 2003”, in relation to any land, has the meaning assigned in Part IV;

“2003 Planning Act” means the Planning Act (Cap. 232) as in force on 10th December 2003.

Rules not to apply in certain circumstances

3. These Rules shall not apply to any development of land —

(a)

where the application for written permission is made to the competent authority before 1st January 2008;

(b)

where the land is zoned in the 2003 Master Plan as a Reserve Site;

(c)

where the land is vested in the State as at 10th December 2003;

(d)

where the land is leased or agreed to be leased by the State to a statutory body for a term of less than 200 years, whether or not the leasehold interest in the land is still being held by the statutory board; and

(e)

where the land is sold or leased —

(i)	by the Government or by a statutory body on behalf of the Government; or
(ii)	before 1st January 1983 by the Urban Redevelopment Authority, whether on its own behalf or as an agent for the Housing and Development Board,

for the purpose of the development of the land or the conservation of buildings on the land for a term of less than 200 years.

Made this 29th day of February 2008.

TAN TEE HOW

Permanent Secretary,
Ministry of National Development,
Singapore.

[ND265/5-172(T38); AG/LEG/SL/232/2005/2 Vol. 2]

(To be presented to Parliament under section 61(4) of the Planning Act).

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